How to file a divorce?

How to file a divorce? We all know the feeling of falling in love. When you think of a man, butterflies appear in your stomach, you constantly think about him, want to write, call, make an appointment. When at some point you realize that you can no longer imagine your life without this person and you are more than anything else afraid of losing it. How to file a divorce?

When your feelings are mutual, you start building your relationship together. First dates, first kiss, meeting your parents. Now you are planning a wedding, a move, children, creating a new social unit. At first you are happy together, any obstacles seem like a trifle, because together you can overcome everything. But in an instant, everything can collapse. You may have realized that your feelings are fading away. You no longer want to run home as hard as before to see your soul mate as soon as possible. You have become less inclined to communicate, and every little thing leads to a big scandal. Or your significant other could betray you, leave you, leave you alone. You can list a huge number of reasons why people break up. As statistics show.

Before you start applying for a divorce, try to calmly analyze the situation and think again if you really want it. Perhaps it’s not too late to save your marriage, maybe it’s better to consult a family therapist first. If your decision is final, we advise you to prepare for the divorce procedure.

So how does the divorce process work? This is a rather complicated and unpleasant procedure that will take you some time. We will answer the questions, where to submit applications, which court to choose and what documents to take with you? Let’s consider several options:

You can get divorced at the registry office without a trial if:

  • The couple decided to divorce by mutual consent and have no minor children
  • Your partner is missing or declared unfit for work
  • Your partner has been in prison for over three years

In other cases (when you have minor children or one of the spouses does not agree) the divorce takes place in court. After receiving the document on the court decision, you can register the divorce at the registry office.

What documents are needed for a divorce?

If the spouses divorce by mutual consent and do not have children together, they must submit the following documents to the registry office:

  • identity documents
  • divorce application
  • marriage certificate;
  • proof of payment of state duty.

If the divorce papers are filed online, you must also electronically sign both spouses.

If one of the spouses files for divorce in the event of the disappearance of the other, a declaration of incapacity for work or a conviction for more than 3 years, the package includes:

  • identity documents
  • pass;
  • marriage certificate;
  • a copy of the court decision on recognizing the partner as missing, incapacitated or sentenced for more than 3 years;
  • receipt for payment of state duty.

The divorce application and documents must be submitted to the registry office at the place of residence of one of the spouses or at the place where the marriage is registered.
When did the couple officially divorce? The divorce document is issued one month after submitting the application to the registry office.

Filing a divorce petition with the court. If there are minor children or one of the spouses refuses to file for divorce, the following documents must be prepared for the court:

      • identity documents
      • lawsuit;
      • marriage registration certificate (in case of loss of the original, contact the registry office to obtain a second document)
      • For minors, provide copies of their birth certificates
      • receipt for payment of state duty;
      • if you are unable to submit the documents in person, the proxy’s power of attorney must be notarized

Please note that a pregnant woman or one who gave birth less than a year ago can only get divorced with her written consent. You can file for a division of property together with your divorce petition, or you can do so later. If everything is in order with the documents filed with the court, you will be given an appointment to consider your case within two weeks.

What’s going on in the courtroom? At the first meeting, the court may issue a divorce document if both spouses agree. If one of the spouses refuses to divorce, the court will set a period of one to three months for reconciliation. If the opinion does not change until the second hearing, the court decides on the divorce and issues an appropriate order. If the spouse (or his representative) who does not want to dissolve the marriage does not go to court three times, the marriage will be dissolved without his participation after the third session. Once you receive the divorce decree from the court, you must register it with the registry office and receive a divorce certificate.

You need to mentally prepare yourself for divorce and come up with a clear plan of action. It is best to use the help of a divorce lawyer who will help you at every stage of this path, because he will be able to conduct your case calmly and without unnecessary emotions.

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